working while PSW appeal/ what a reason to reject!!!

[jack199]

Hi there

Just to share my experience, I had the WORST experience of my life with HO. Today i received a letter from HO saying my application is being rejected due to maintenance funds reasons. Even though i had more than enough money in my account and my balance did not drop a single Penney within the last 6 months.

With the bank letter i also sent my university FEE ACCOUNT STATEMENT, showing that i have paid my fee and i do not owe any money to university. I don’t know why but the Caseworker though that it was my financial statement where the balance was dropping after every 3 months as i paid my fees in instalments, I am shocked even though i gave them the Bank letter and all the relevant information where they can clearly see that my balance did not dropped below £800 within the last 6 months (not even for a single second), the case worker refused my application and sent a Right to appeal form, which obviously i am going to do. The whole experience does not make scene, even the university says this is ridiculous Although i am going to appeal i have few questions

1. While waiting for the appeal can i continue to work part time/full time?
2. How long does it take for AIT to respond and give me a hearing Date?
3. Can anybody share their appeal experience i.e. what will happen and whether it will be successful or not? (Baring in mind i shouldn't have been in this situation at the fist place as the case work interpret it wrongly).
Can you please give me your feedback as I am somewhat confused and worried what will happen!!!! Can anybody help!!!!!

Thanks in advance

[dahokolomoki]

Sorry about your bad experience with your case worker.... some of them are utter crap. Two friends applied, same course, same uni, same nationality... even got jobs with the same company after grad. Sent in the same docs from the university, one got accepted, the other rejected for being insufficient!!

You can work of course while waiting for your Tier 1, but only if you currently have an eligible visa that allows you to work.

If on a student visa, that means only 20 hours during term-time and 40 hours after, although if you have already graduated... not sure how it applies then?

[Biswanath]

Hello,when did you apply and when have you received the refusal letter? Secondly,where did you do your study from?

[jack199]

i applied month an a half ago and got the letter today. But Still do not understand, why did case worker thought that my FEES ACCOUNT STATEMENT is my FINANCIAL STATEMENT, this is the main ground he refused. Can you please advise what to do next????

[koolbone]

This actually seems to me as the most ridiculous refusal to date. In hindsight, you probably shouldn't have submitted the fees account statement. There really are some incompetent HO staff.
Not to worry mate, just appeal, the refusal will most definitely be overturned. It normally takes around 4 weeks after you submit your appeal forms for a hearing date to be fixed. After the hearing, the determination is normally sent out within two weeks. You can check the ait website for the timelines for in-country appeals for confirmation.
Also, provided you submit your appeal on time, your existing leave is treated as 'continuing' ie during the period where your appeal is being determined, you're going to be considered as being on the same status you were before you submitted your application for leave to remain.

[jack199]

so does that mean PSW or just student status? Because if i consider PSW that means i can work full time and if i consider student then it means i can only work 20hrs. My course has finished already and i believe once your course is finished you can work full time? can you???? can you please advise in my appeal situation, but to be on safe side i am not working at all....

[koolbone]

so does that mean PSW or just student status? Because if i consider PSW that means i can work full time and if i consider student then it means i can only work 20hrs. My course has finished already and i believe once your course is finished you can work full time? can you???? can you please advise in my appeal situation, but to be on safe side i am not working at all....

I'm assuming your student leave expired while your application was being considered. What I was trying to tell you is that during the period when your appeal is being considered, your previous leave (student in this case) is extended. For proof, this is an extract from section 118 of the National, Immigration and Asylum Act 2002:

-------------------------------------------------------------------------------------
118 Leave pending decision on variation application
The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—
“3C Continuation of leave pending variation decision
(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.

(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
----------------------------------------------------------------------------------

So, you can work if you intend to. However, the most important thing you should be concerned with now is sending your appeal forms before the deadline to appeal expires.
Your case seems so clear cut to me. It was simply an error on the part of an incompetent case worker.
You don't even need a solicitor on this one. Just explain your self and point out that the case worker checked the wrong document. Provide the 6 months balance and the original documents you submitted for the initial application. You could even choose a paper-based hearing in this case. Conversely, maybe the oral hearing might be better so the Immigration judge can hear you out.
I've been through a successful appeal myself over a ridiculous refusal (not as ridiculous as yours though). My hearing lasted less than 10 minutes and the home office guy ended up being embarassed. The judge herself said the decision was ridiculous. So, you have nothing to fear.
All the best mate

[Diokpa]

Quite an experience but you shouldn't have put in your school financial statement, it wasn't a requirement. You have a case which is easy and clear cut like koolbone said but it will only set you back a couple of weeks as you'll be working on your previous status as a student. Better to have an oral appeal though so you can explain yourself better. Just wonder why the home office employs people who probably haven't been to the 4 walls of a university and cannot differentiate a bank statement from a school financial statement.

[jack199]

1. Can anybody tell me what chance do i have of winning the case and how should i go about it?
2. Do i need a lawyer or can i represent myself?
3. how long does it take to get the AIT acknowledge letter?
4. what would be written on the acknowledge letter?
5. Do i have to send it by Post or can i Fax it?
6. Do i have to send my orignal or can i send a photocopy as i am worried of losing them, baring in mind what they already done with me?
7. On providing the FULL evidence can HO make other objections again (Even though my funds did not drop even for a single second during the last 6 months).
8. Just in short how long the whole process will take from sending appeal docs to getting the visa?

I would really appreciate if you could answer these above questions - Thanks in advance

[jack199]

1. Can anybody tell me what chance do i have of winning the case and how should i go about it?
2. Do i need a lawyer or can i represent myself?
3. how long does it take to get the AIT acknowledge letter?
4. what would be written on the acknowledge letter?
5. Do i have to send it by Post or can i Fax it?
6. Do i have to send my orignal or can i send a photocopy as i am worried of losing them, baring in mind what they already done with me?
7. On providing the FULL evidence can HO make other objections again (Even though my funds did not drop even for a single second during the last 6 months).
8. Just in short how long the whole process will take from sending appeal docs to getting the visa?

I would really appreciate if you could answer these above questions - Thanks in advance

i would really appreciate if you guys could answer the above questions.... Thanks in advance

[jack199]

i would really appreciate if you guys could answer the above questions.... Thanks in advance

[dahokolomoki]

You do ask alot of questions jackie without thanking the replies so far! This is a voluntary board and everyone is taking time out of their lives to reply to you... we are glad to do so, but please show some courtesy, and please do not double post if you don't get a reply within 20 minutes.

I believe all the information you need to make an appeal should be in the letter when they sent back your application to you.

Noone can tell you your chances, but it seems very likely your's is a clearcut case, as mentioned already... so please read replies first before asking again.

In response to question 2, its up to you... weigh the costs vs the benefits.

In response to question 6, you need to send the originals always.

In response to question 7, they can of course reject again, but doesn't seem likely given your case.

In response to question 8, I would expect no shorter than 3 weeks, and no longer than 8 weeks.

[jack199]

Thanks a lot dahokolomoki.... i always say thanks in advance.... i am really really thankful to all of you guys who took some time and replied to me... Again thank you all. I am repeatimg myself but i am in a really bad situation here..... you can understand my frustration my application should have never been rejected at the first place. But now i have to deal with the situation somehow....

i have contacted a local solicitor he is asking for a lot of money and says if the case is solved before going to hearing he would charge me less. Do you guys know in the past if a PSW appeal case has got solved before going to hearing infront of IJ?

[Diokpa]

Thanks a lot dahokolomoki.... i always say thanks in advance.... i am really really thankful to all of you guys who took some time and replied to me... Again thank you all. I am repeatimg myself but i am in a really bad situation here..... you can understand my frustration my application should have never been rejected at the first place. But now i have to deal with the situation somehow....

i have contacted a local solicitor he is asking for a lot of money and says if the case is solved before going to hearing he would charge me less. Do you guys know in the past if a PSW appeal case has got solved before going to hearing infront of IJ?

Yes it could happen, there is a member of this forum who had a qualification issue and it was resolved 2 days before the appeal hearing. It's left to your solicitor to actively seek that avenue to resolve the issue. This is the time to be really careful so as not to make any mistakes, the deed has been done and what you need now is a clear mind to make the right decisions. Good Luck.

[jtwungg]

jack what you should do is appeal through a LAWYER I did appeal by myself and got rejected and the case was straight forward, theirs is just to reject and allow afew cases reducing the no of non european foreigners settling here.

[Victory]

1. Can anybody tell me what chance do i have of winning the case and how should i go about it?
2. Do i need a lawyer or can i represent myself?
3. how long does it take to get the AIT acknowledge letter?
4. what would be written on the acknowledge letter?
5. Do i have to send it by Post or can i Fax it?
6. Do i have to send my orignal or can i send a photocopy as i am worried of losing them, baring in mind what they already done with me?
7. On providing the FULL evidence can HO make other objections again (Even though my funds did not drop even for a single second during the last 6 months).
8. Just in short how long the whole process will take from sending appeal docs to getting the visa?

I would really appreciate if you could answer these above questions - Thanks in advance

If u opt for the oral hearing u do not need to send originals. After u get AIT notice about the hearing then u send copies to AIT and respondent (HO). U must take all originals to the hearing then. However in the notice of appeal u have to write down all possible documents to support yr appeal (copies of which u may send straightaway or after u receive AIT notice) Good luck!

[jack199]

Thanks a lot Victory. Can i ask you guys one more question. If you have worked after your degree has finished (Full time) and in the appeal papers (PSW APPEAL) you show the bank account/statement where your wages were coming in and transaction are being made and the balance did not drop below £800; will there be any problems? Technically speaking i have read when your degree is finished a student can work full time. if i send those bank statements (with pay coming in for last three months) will there be any problems?

Thanks in advance

[dahokolomoki]

I'm pretty sure they are quite lax regarding working on the student visa after the degree is finished, as long as the student visa was still valid during the work period and that you limited your work to 40 hours (or one full time job.

However, problems might occur if say you had gotten a 4 year visa initially, but changed to a 3 year course at some point, and tried to work for the entire 4th year of the student visa. But if it was a 3 year visa expiring in October but your course finished in June/July, they've always allowed to student to stay and work till October.

[jack199]

I'm pretty sure they are quite lax regarding working on the student visa after the degree is finished, as long as the student visa was still valid during the work period and that you limited your work to 40 hours (or one full time job.

However, problems might occur if say you had gotten a 4 year visa initially, but changed to a 3 year course at some point, and tried to work for the entire 4th year of the student visa. But if it was a 3 year visa expiring in October but your course finished in June/July, they've always allowed to student to stay and work till October.

Thanks a lot for the clarification dahokolomoki, really appreciated. i have sent my appeal papers to AIT but i haven't received any response. Any idea how long does it take for them to send the letter to me. I sent it on 02/03/09 with the next day delivery.

[samdav7]

Hi all,

can anyone send the link of the immigration rules where it says one can work full time while appeal is in progress (for psw, tier1)? thank you

[jack199]

Hi all,

can anyone send the link of the immigration rules where it says one can work full time while appeal is in progress (for psw, tier1)? thank you

I dont know the link but Koolbone has sent this

118 Leave pending decision on variation application
The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—
“3C Continuation of leave pending variation decision
(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.

(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
----------------------------------------------------------------------------------

Hope thats helps.

[koolbone]

This is the link

[jack199]

Thanks a lot Koolbone, i hope this confirms it.

1. Does anybody know what actually happens at the PSW hearing?
2. If the decision comes against me can i appeal again?
3. If the decision comes against me how long do i have to leave UK?
4. Will i be informed on the same (hearing date) day about the decision or do i still have to wait for extra 2 weeks for the judge?


Thanks in advance

[zzzindagi]

If you have applied under Tier 1 (Post-Study Work) before your immigration permission to be in the UK as a student expires, you can work full-time while you wait for the decision on your Tier 1 (Post-Study Work) application. You can carry on working full-time even after your student permission expires, if you are still waiting for the decision at that stage. But you must not:

engage in business, self-employment or provide services as a professional sportsperson or entertainer
pursue a career by filling a permanent full-time vacancy

http://www.ukcisa.org.uk/student/working_after.php

and also check... HO letter attached on above web page....

[koolbone]

Thanks a lot Koolbone, i hope this confirms it.

1. Does anybody know what actually happens at the PSW hearing?
2. If the decision comes against me can i appeal again?
3. If the decision comes against me how long do i have to leave UK?
4. Will i be informed on the same (hearing date) day about the decision or do i still have to wait for extra 2 weeks for the judge?


Thanks in advance

1. At the hearing, with you in the hearing room will be the Immigration Judge, the Home Office representative and you (with your representative, if you have one). There could also be members of the public who want to witness what's going on. You could be asked questions by the judge, the HO rep and even your representative as well.
In my case, the HO rep started off first with reasons why I was refused and explained to the judge why he felt the decision should be upheld. After this, my representative stated her case to the judge. All along, the Judge was making notes of what everyone said on her laptop. It's a fairly informal setting, so don't worry your head, especially if you were a genuine applicant. My refusal was quite obvious, even to the HO rep, to be an unfair one because he looked really uncomfortable when trying to unconvincingly defend the refusal. My hearing lasted less than 10 minutes because it was that clear cut. The judge even said the refusal was ridiculous. The only question I was asked was by the judge who asked if it would be possible for me to re-apply again. I answered that no, since my visa had already expired months ago while my application was still being considered. The HO rep declined asking me any questions.

2. If your appeal is refused, you have 5 working days to 'appeal' against this refusal if you can prove the judge made an error in law in passing his judgement. This is called a reconsideration. Likewise, if you win your appeal, the HO has 5 working days in which they can apply for a reconsideration.

3. Within 28 days of the decision.

4. In some cases, you will be informed on the spot. In my case, the judge said she had to go through my documents again and she would send the determination to all parties involved within 2 weeks. Although from the way the hearing went, it was obvious it was going to be successful. I received the determination in a week.

Hope this helps. All the best in your appeal.